STATE v. MATISCHECK


531 P.2d 737 (1975)

STATE of Oregon, Respondent, v. Gordon Roy MATISCHECK, Appellant.

Court of Appeals of Oregon.

Decided February 10, 1975.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.


SCHWAB, Chief Judge.

This appeal presents another double jeopardy problem under the holding of State v. Brown, 262 Or. 442, 497 P.2d 1191 (1972).

On May 4, 1974, defendant was arrested by a state police officer for driving under the influence of intoxicating liquor (DUIL) in violation of ORS 483.999(2), and was issued a Uniform Traffic Citation charging him with that offense. Immediately after the arrest the officer searched...

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